Morning Briefing
Summaries of health policy coverage from major news organizations
Texas Passes One Of Nation's Strictest Anti-Abortion Laws
The Texas Tribune: Gov. Greg Abbott Signs Into Law One Of Nation’s Strictest Abortion Measures, Banning Procedure As Early As Six Weeks Into A Pregnancy
Gov. Greg Abbott signed into law Wednesday a measure that would prohibit in Texas abortions as early as six weeks — before some women know they are pregnant — and open the door for almost any private citizen to sue abortion providers and others. The signing of the bill opens a new frontier in the battle over abortion restrictions as first-of-its-kind legal provisions — intended to make the law harder to block — are poised to be tested in the courts. Abortion rights advocates have promised to challenge the new law, which they consider one of the most extreme nationwide and the strictest in Texas since the landmark Roe v. Wade decision. (Najmabadi, 5/19)
NPR: Texas Governor Signs A Law That Bans Abortion As Early As 6 Weeks
The Texas law effectively prohibits any abortion after around six weeks of pregnancy — before many women are even aware they are pregnant. The bill, which takes effect in September, makes no exception for pregnancies that are the result of rape or incest but does include a rare provision that allows individual citizens to sue anyone they believe may have been involved in helping a pregnant individual violate the ban. The provision cannot be used against pregnant people, but reproductive rights advocates warn it can be used to target abortion providers and abortion-rights activists. (Breslow and McCammon, 5/19)
KUT: Texas' New Anti-Abortion Law Could Be Tough For Providers To Challenge In Court
And while similar so-called “heartbeat bills” across the country have been struck down by courts, Texas’ new law is going to be a little harder for abortion providers and abortion rights activists to stop. That’s because Senate Bill 8, which was signed into law by Gov. Greg Abbott on Wednesday, won't be enforced by the state. There are no criminal penalties for violating the ban on abortions after six weeks. Instead, the law allows private citizens to sue anyone who helps a woman get an abortion. (Lopez, 5/19)
Des Moines Register: Iowa Legislature approves anti-abortion constitutional amendment. Legislature must pass it again before it goes to voters.
Iowa Republican lawmakers have taken a major step in a yearslong process to enshrine an amendment in the Iowa Constitution stating that the constitution does not secure a right to abortion. The Iowa House passed the constitutional amendment proposal Tuesday night on a vote of 53-46, with three Republicans joining every Democrat in voting no. The Iowa Senate passed it Wednesday on a vote of 30-18, with every Republican in support and every Democrat opposed. (Gruber-Miller, 5/19)
In legal news on abortion cases —
The New York Times: Supreme Court Case Throws Abortion Into 2022 Election Picture
Within hours of the Supreme Court accepting a case that could lead it to overturn or scale back a landmark abortion rights ruling, Senator Michael Bennet, a Colorado Democrat facing re-election next year, issued a dire warning to supporters: The fate of Roe v Wade is on the line. “We cannot move backwards,” Mr. Bennet said in a campaign statement. “Colorado was a leader in legalizing abortion — six years before Roe v Wade. I will always fight for reproductive justice and to ensure everyone has safe and legal access to the health care they need.” (Hulse and Lerer, 5/19)
CNN: Clarence Thomas Awaits His Chance To Drive The Conservative Majority On Abortion And Guns
Twenty-nine years ago, less than a year after he had taken the bench, Justice Clarence Thomas joined a dissent calling the landmark opinion Roe v. Wade "plainly wrong" and an "erroneous constitutional decision." Over the years Thomas would say Roe had "no basis in the Constitution" and call out the court's abortion precedents as "grievously wrong." He also took aim at challenges to the Second Amendment, accusing lower courts and his own colleagues of thumbing their noses at the right to bear arms, calling it a "disfavored right." (de Vogue, 5/20)
AP: Groups Ask Judge To Block Indiana 'Abortion Reversal' Law
Abortion rights groups asked a federal judge on Tuesday to block a new Indiana law that would require doctors to tell women undergoing drug-induced abortions about a disputed treatment for potentially stopping the abortion process. The lawsuit filed with the U.S. District Court in Indianapolis argues that the requirement would confuse patients and increase the stigma associated with obtaining an abortion, while also forcing doctors to give what they regard as dubious medical information. The groups want a judge to block the new so-called “abortion reversal” law from taking effect as scheduled in July. (Davies, 5/18)
AP: Down Syndrome Abortion Bans Gain Traction After Court Ruling
It’s a ban that even supporters acknowledge will be hard to enforce. Yet 2021 has been a breakthrough year for legislation in several states seeking to prohibit abortions based solely on a prenatal diagnosis of Down syndrome. Governors in Arizona and South Dakota recently signed such bills into law, and similar measures are pending in North Carolina and Texas. Most significantly, a federal appellate court said Ohio could begin to implement a 2017 law that has been on hold. (Crary and Samuels, 5/19)
